House votes to criminalize interference of legislative proceedings

House votes to criminalize interference of legislative proceedings March 7, 2025

Rep. John Blanton, R-Salyersville, speaks on House Bill 399 on the House floor on Friday. The bill would make interference of a legislative proceeding a misdemeanor in most circumstances. A high-resolution photo can be found here.

FRANKFORT — The Kentucky House of Representatives advanced a bill on Friday that would make interference of legislative proceedings a misdemeanor in most circumstances.

Rep. John Blanton, R-Salyersville, is the primary sponsor of House Bill 399. He said the bill is the result of an incident from the 2023 legislative session where protestors in the House gallery caused a loud disruption that impeded the legislature’s ability to do its job.

“(The bill) will ensure that the general assembly has an opportunity to legislate without interference from people who wish to prevent us from doing our work on behalf of our constituents,” Blanton said.

Blanton said the executive branch and judicial branches of state government have similar powers when it comes to curtailing certain disruptions.

“Judges have the power to deal with interruptions in their courtroom by use of criminal contempt proceedings,” Blanton said as an example of how the bill would give the legislature similar protections.

Under HB 399, a person would be guilty of second-degree interference of a legislative proceeding if they enter or remain inside a chamber or gallery of the general assembly or another room being used for the general assembly with the intent to impede or prevent the legislature from conducting business.

The second-degree provision would also apply if a person obstructs or impedes a legislator, legislative officer or legislative staff member from movement within a legislative building.

Second-degree interference of a legislative proceeding would be a class B misdemeanor on the first offense and a class A misdemeanor on the second or subsequent offense.

A person would be guilty of first-degree interference of a legislative proceeding if they knowingly engage, conspire, or facilitate another person to engage in disorderly or disruptive conduct in a legislative building or they personally disrupt, impede or prevent the general assembly from conducting business, Blanton said.

First-degree interference of a legislative proceeding would be a class A misdemeanor until the third or subsequent offense. Violators would then face a class D felony charge.

An earlier version of HB 399 called for a class D felony at the second or subsequent offense. The House adopted a floor amendment from Rep. T.J. Roberts, R-Burlington, on Friday that changed that provision to read “third” instead of second.

“I would hope a third offense never happens … However, I think that having that third offense in is a preferable way to do it,” Roberts said.

Roberts’s amendment would also clarify that nothing in the legislation could be construed to prohibit the public from assembling in traditional public forums in the Capitol Rotunda, Capitol grounds or other areas of the Kentucky State Capitol campus.

The provision is essential “to ensure we are focused on the areas where we are conducting the people’s business,” he said.

Additionally, the amendment clarifies that a peace officer may arrest violators and remove violators at the request of the Speaker of the House, sergeant-at-arms, Senate President or committee chair.

Blanton said he does not intend for HB 399 to impede on constitutional rights.

“This is the people’s house,” he said. “They have the right to come here and protest. That’s their First Amendment right.”

Rep. Anne Gay Donworth, D-Lexington, said there are times when constituents travel to Frankfort to testify in a committee or speak to their legislator and are unable to. When that happens, those people are often frustrated and use their voice in other ways in order to be heard.

“But for people not be able to speak appropriately, and then be criminalized for using their voice here, I don’t believe that’s right,” Donworth said. “I don’t believe that’s what our founders intended, and I would ask people to please vote ‘no’ on this.”

As the chair of the House Natural Resources and Energy Committee. Rep. Jim Gooch Jr., R-Providence, said he tries to make sure everyone’s viewpoint is heard during a committee meeting, but time or circumstances do not always allow for that.

He said constituents have the right to visit and contact their legislator, advocate for an issue and have access to legislation and meetings, but nothing guarantees that a constituent can speak during a committee meeting.

“We all agree that people should get involved in the process, and the best way to encourage that is to try to give people time to speak. But, again, I cannot emphasize enough that nothing in the process guarantees your right to speak in committee,” Gooch said.

HB 399 advanced off the House floor by a 68-26 vote. It now heads to the Senate for consideration.

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https://apps.legislature.ky.gov/publicservices/pio/release.html#HB399-030725